CIVIL PARTNERSHIP DISSOLUTION
The 21st December 2006 marked the first opportunity when gay couples could file a petition to dissolve a civil partnership.
The rules governing the dissolution of civil partnerships is similar to that of current divorce proceedings rules that governs heterosexual marriages, in that there is only one ground for the dissolution of a civil partnership and that is that a party must demonstrate that their relationship has "irretrievably broken down".
In order to demonstrate this point, the petitioner can file a petition on one of the following grounds:
a. That the Respondent has acted unreasonably;
b. That the parties to the relationship have lived apart for a period of two or more years and both parties consent to the divorce;
c. That the parties have lived apart for a period of Five years; or
d. That the Respondent has deserted the Petitioner.
If any of the above petitions are presented and proven, then the Civil Partnership will be dissolved.
Nullity
The one year rule will not apply to applications made for a civil partnership to be dissolved under the following grounds of nullity:-
A civil partnership will be void if the parties are not eligible to register as civil partners of each other, meaning;
a. they are not of the same sex
b. either of them is already a civil partner or lawfully married
c. either of them is under 16
d. they are within prohibited degrees of relationship, i.e., brothers, sisters etc.
e. due notice of civil partnership has not been given
f. the civil partnership document has not been duly issued
g. the place of registration is a place other than that specified in the notice of proposed civil partnership
h. a civil partnership registrar is not present
Where two people register as civil partners of each other, the civil partnership is voidable if:
a. either civil partner did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise)
b. at the time of the formation either civil partner, though capable of giving consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;
c. at the time of its formation, the respondent was pregnant by some person other than the applicant;
d. an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of its formation, been issued to the civil partner;
the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.
An application for a separation order may be made to the court by either civil partner
a. on the ground that any such fact as is mentioned above exists;
b. on an application for a separation order the court must inquire so far as it reasonably can into the facts alleged by the applicant and respondent, but whether the civil partnership has broken down irretrievably is irrelevant.
Because of the similarities between the Divorce and a Civil Partnership Dissolution procedures, we are able to offer the exact same terms, conditions and fixed fee offer of either £275 for just a straightforward Civil Partner Dissolution or £350 for a Civil Partnership Dissolution plus a Clean Break.
To proceed to instruct us please select which level of service you require and then make the required payment online.
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